@Crazysteph420 wrote:
- My children's father took me to court for custody of my 2 children. On August 10,2021 he got Temporary custody. On October 19,2021 he got custody Ive custody of them since birth and have claimed them on my taxes the past years the Judge said that he could claim them this year even tho they have only been in his home for 4 months. I was just wanting to know if he was actually allowed to claim them since the judge said he was but they haven't lived with him half the year. Thanks
Per IRS regulations (federal tax law) only the parent who had custody more than half the year can claim the children as dependents. The parent who had custody less than half the nights of the year can't claim them unless the parent with custody more than half the year, gives the other parent a signed dependent release form 8332.
https://www.irs.gov/pub/irs-pdf/f8332.pdf
You will not be in any violation of federal tax law if you claim your children this year. It sounds, however, like you would be in violation of your court order. If you refuse to give the other parent a signed form 8332, the court could order you to sign, hold you in contempt, or penalize you in other ways. Before you refuse to give a signed form 8332 to the other parent, you should consult with your attorney.
If the children live with the other parent more than half the nights of 2023 (next year), then it would no longer be necessary for the other parent to get you to sign anything. It is only needed this year, because the other parent didn't get custody until August.
